According to CDC, an estimated 6.7 million couples have difficulty conceiving a child due to a wide variety of factors. After years of failed attempts, many turn to alternative solutions to complete their family. One avenue increasing in popularity is surrogacy. Through this method, a woman carries the child of another individual or couple until birth, then gives the child to the parents. A maternal bond develops naturally during the nine month gestation period which can create complications after delivery. Occasionally, the original arrangement no longer suits the surrogate mother and a custody dispute ensues.

Forms of Surrogacy

There are several different forms of surrogacy that a couple can choose, usually depending on the issue hindering their ability to conceive naturally. Two of these options stand out among the rest. The two most popularly utilized are:

Families come in all shapes and sizes. With 40 to 50 percent of all marriages divorcing and an increasing remarriage rate, we see an unprecedented evolution in the traditional family home. No longer is the image of one mother, one father, and two children the normal makeup of the average family. Now, children are loved and cared for not only by their biological parents, but their new parents also love them with such fervor, it resembles that of an actual biological tie. With this changing family dynamic, we are witnessing legal cases redefine the child custody lines. With laws such as the “Third Parent Law,” what is the best interest of the children is entirely achievable through the avenues of mediation or litigation.

Is Three a Crowd?

Although it is common to find most children with one mother and one father, or two mothers, or two fathers, three is gaining popularity. The ability to have three parents was made possible by the plight of one family when all three demonstrated fitness as parents. Therefore, California Legislature determined “most children have two parents, but in rare cases, children have more than two people who are that child’s parent in every way. Separating a child from a parent has a devastating psychological and emotional impact on the child, and courts must have the power to protect children from this harm.” With this passage, not only may a child have three parents, they may have more if it is in the child’s best interest.